Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death Penal Code Injury |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code,1860: ss. 147, 148, 302, 302/149 and 325 - Prosecution under – Of 18 accused persons – For causing grievous injury to one person PW1 and causing death of another – In two different incidents – Eye-witnesses to both the incidents – High Court convicted 10 accused while acquitting 8 accused giving them benefit of doubt – Appeal by 9 of the convicted accused persons and Revision filed by complainant against acquitted accused persons – High Court affirmed the order of trial court – Appeal to Supreme Court by 7 of the convicted accused – Held: It is proved from the consistent testimonies of eye-witnesses that the appellants-accused 1, 2, 5, 7 and 12 formed unlawful assembly with weapons and indulged in the assault – Count of witnesses is further corroborated by recovery of blood-stained weapons and clothes – Hence their conviction is sustained – However, prosecution failed to prove its case beyond reasonable doubt against appellants-accused 8 and 13. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2020 INSC 61 |
Petitioner | Duleshwar & Anr. |
Respondent | The State Of M.p. (now Chhattisgarh) |
SCR | [2020] 5 S.C.R. 1001 |
Judgement Date | 2020-01-21 |
Case Number | 1813 |
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